Showing : 1-10 of 74 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, 3A-- Temporary injunction - Disposal of injunction application within 30 days - Trial Court without granting an ex parte order of injunction, choose to allow opposite parties to file counter affidavits along with documents and then heard opposite parties before allowing injunction application - High..........
ORISSA HIGH COURT
Year of decision: 2019
Details
Indian Penal Code, 1860, Section 328, 427, 506-- Offence u/ss 328, 427, 506 IPC - Revision against acquittal - Accused acquitted after oral and documentary scanning of evidence - Delay in lodging FIR is not the sole basis for acquittal - Trial Court analyzed the evidence and law in proper perspective and judgment does not suffer from any..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Protection of Children from Sexual Offences Act, 2012, Section 35(2), 33-- Sexual offences against children - Directions issued for speedy disposal of cases Viz. : (i) High Courts shall ensure that cases registered under POCSO Act are tried and disposed of by Special Courts and presiding officers of said Courts are sensitized in the matters of child protection and..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228, 397(2), 482, Prevention of Corruption Act, 1988, Section 22(d), Constitution of India, 1950, Article 227-- Charge - Order framing charge - Challenge thereto - Stay of proceedings - Wherever stay is granted, a speaking order must be passed showing that the case was of exceptional nature and delay on account of stay will not prejudice the interest of speedy trial in a corruption case - Once stay is..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302-- Ninth bail application - Murder case - Accused spent 7 years in jail as under trial and the manner in which trial is being conducted entitles the accused to grant of bail - All the material witnesses of case examined except one which is not even summoned as a witness - No explanation as to why..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 436A, Constitution of India, 1950, Article 21-- Bail to under trials - Accused in custody for long period and pending trial - If there is violation of right of speedy trial, instead of quashing proceeding, higher court can direct conclusion of proceedings in fixed time - Directions issued proceedings to be disposed of within six months...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Constitution of India, 1950, Article 21-- Speedy trial - Speedy trial is part of reasonable, fair and just procedure guaranteed u/Art.21 - Constitutional right cannot be denied even on plea of no, availability of financial resources - Court is entitled to issue directions to augment and strengthen investigating machinery, setting-up new..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Constitution of India, 1950, Article 21-- Speedy trial - Deprivation of personal liberty without ensuring speedy trial is not consistent with Art.21 - While deprivation of personal liberty for some period may not be avoidable, period of deprivation pending trial/appeal cannot be unduly long - Held that while person in custody for grave..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Constitution of India, 1950, Article 21-- Speedy trial - Timely delivery of justice is part of human rights - Denial of speedy justice is threat to public confidence in administration of justice...........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 436A, Constitution of India, 1950, Article 21-- Speedy trials - More than 50% of prisoners in various jails are under trial prisoners - In spite of incorporation of S.436A in CrPC undertrial prisoners continue to remain in prisons in violation of mandate - Directed jurisdictional Magistrate/Chief Judicial Magistrate/Session Judge to holde on..........

Showing : 1-10 of 74 Results